190.092. Defibrillators, use authorized when, conditions, notice--good faith immunity from civil liability, when.

MISSOURI STATUTES AND CODES

190.092. Defibrillators, use authorized when, conditions, notice--good faith immunity from civil liability, when.

Defibrillators, use authorized when, conditions, notice--good faithimmunity from civil liability, when.

190.092. 1. This section shall be known and may be cited as the"Public Access to Automated External Defibrillator Act".

2. A person or entity who acquires an automated externaldefibrillator shall ensure that:

(1) Expected defibrillator users receive training by the American RedCross or American Heart Association in cardiopulmonary resuscitation andthe use of automated external defibrillators, or an equivalent nationallyrecognized course in defibrillator use and cardiopulmonary resuscitation;

(2) The defibrillator is maintained and tested according to themanufacturer's operational guidelines;

(3) Any person who renders emergency care or treatment on a person incardiac arrest by using an automated external defibrillator activates theemergency medical services system as soon as possible; and

(4) Any person or entity that owns an automated externaldefibrillator that is for use outside of a health care facility shall havea physician review and approve the clinical protocol for the use of thedefibrillator, review and advise regarding the training and skillmaintenance of the intended users of the defibrillator and assure properreview of all situations when the defibrillator is used to render emergencycare.

3. Any person or entity who acquires an automated externaldefibrillator shall notify the emergency communications district or theambulance dispatch center of the primary provider of emergency medicalservices where the automated external defibrillator is to be located.

4. Any person who gratuitously and in good faith renders emergencycare by use of or provision of an automated external defibrillator shallnot be held liable for any civil damages as a result of such care ortreatment, unless the person acts in a willful and wanton or recklessmanner in providing the care, advice, or assistance. The person or entitywho provides appropriate training to the person using an automated externaldefibrillator, the person or entity responsible for the site where theautomated external defibrillator is located, the person or entity that ownsthe automated external defibrillator, the person or entity that providedclinical protocol for automated external defibrillator sites or programs,and the licensed physician who reviews and approves the clinical protocolshall likewise not be held liable for civil damages resulting from the useof an automated external defibrillator. Nothing in this section shallaffect any claims brought pursuant to chapter 537 or 538, RSMo.

5. The provisions of this section shall apply in all counties withinthe state and any city not within a county.